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(영문) 대구지방법원서부지원 2014.10.29 2014가단10353
임차보증금반환
Text

1. The Plaintiff:

A. Defendant B and C shall be jointly and severally liable for KRW 52,00,000 and shall be fully paid from June 26, 2014 to the date of full payment.

Reasons

1. Determination as to claims against Defendant B and C

(a)as shown in the reasons for the attachment of the claim;

B. Since a judgment by public notice is a judgment by public notice, the reasons for the judgment in accordance with Article 208(3)3 of the Civil Procedure Act include only the matters necessary to specify the reasons for the request in accordance with Article 208(3)3.

A. Since the occurrence and scope of liability for damages and the legal relationship between a real estate broker and a client are similar to that under the Civil Act, the broker who received a request for brokerage is obligated to investigate and confirm the relationship of rights, etc. of the object of brokerage and explain to the client (see, e.g., Supreme Court Decision 2012Da69654, Nov. 29, 2012). Meanwhile, Article 30 of the Licensed Real Estate Agent Act provides that the broker is liable to compensate for damages if the transaction party causes property damage by intention or negligence in performing brokerage.

Comprehensively taking account of the purport of the entire arguments as indicated in the evidence Nos. 1 through 3, the Plaintiff purchased the instant real estate on February 5, 2014; on December 31, 2014, the Plaintiff entered into a lease agreement with Defendant B, setting forth KRW 52,00,000 as the lease deposit amount; and paid KRW 5,000,000 among the lease deposit on the same day to Defendant B; and on February 28, 2014, Defendant C purchased the instant real estate on February 5, 2014; the Plaintiff entered into the lease agreement with Defendant C on February 5, 2014 with respect to the leased housing of KRW 52,00,000,000 as the lease deposit; and on February 20, 2014, Defendant C newly paid the lease deposit to Defendant B from February 207 to 30, 200 (hereinafter “the lease deposit”).

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